Appellate Division: Second Judicial Department

M35303

A/sl

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-04398, 2005-07523 In the Matter of Isabel Fersh, appellant, v David Fersh, respondent. (Docket No. F-3476-97)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to recall and vacate a decision and order on motion of this court dated December 2, 2005, which dismissed appeals from two orders of the Family Court, Suffolk County, dated April 13, 2005, and June 30, 2005, respectively, on the ground, inter alia, that the original papers filed with the clerk of this court did not contain a properly settled transcript of the minutes of the hearing before the Support Magistrate, to reinstate the appeals, and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to recall and vacate the decision and order on motion of this court dated December 2, 2005, is granted, the decision and order on motion of this court dated December 2, 2005, in the above-entitled proceeding, is recalled and vacated, and the appeals are reinstated; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals are granted, an the appellant's time to serve and file a properly settled transcript (see 22 NYCRR 670.10.2[e]) is enlarged until March 6, 2006.

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court